Thomas v. Western Union Telegraph Co.
Massachusetts Supreme Judicial Court
Tort for injury of the plaintiff’s horses. Trial in the superior court, before Wilkinson, J., who allowed the following bill of exceptions: “ The plaintiff offered to prove that; as he was travelling on a public highway in Wareham, with two horses and a wagon, he saw that a telegraph wire of the defendants had fallen from one pole, and was hanging diagonally across the highway and within one or two inches of the surface of the road in the travelled part -that he drove up…
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Tort for injury of the plaintiff’s horses. Trial in the superior court, before Wilkinson, J., who allowed the following bill of exceptions: “ The plaintiff offered to prove that; as he was travelling on a public highway in Wareham, with two horses and a wagon, he saw that a telegraph wire of the defendants had fallen from one pole, and was hanging diagonally across the highway and within one or two inches of the surface of the road in the travelled part -that he drove up near the wire, stopped, got out of his wagon, went forward, and stood on the wire with both feet. The distance between the…
1Opinion of the CourtHoar, J.
This case was taken from the jury upon the ground that there was no sufficient evidence to maintain the action; and has been argued for the defendants chiefly upon two points: 1. that there was no evidence of negligence on the part of the telegraph company; and 2. that the evidence had no tendency to show that the plaintiff was himself in the exercise of due care at the time of the accident.
We think it somewhat doubtful whether the first point is • open upon the bill of exceptions; and that the presiding judge may have only intended to rule upon the question of the care used by the plaintiff.…
2Cited by44 opinions
- Fitzgerald v. Connecticut River Paper Co.Massachusetts Supreme Judicial Court · 1891
- Snyder v. Wheeling Electrical Co.West Virginia Supreme Court · 1897
- Judson v. Giant Powder Co.California Supreme Court · 1895
- Western Union Telegraph Co. v. State ex rel. NelsonCourt of Appeals of Maryland · 1896
- Denver Consolidated Electric Co. v. SimpsonSupreme Court of Colorado · 1895
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